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Features
The U.S. House of Representatives rejected a proposed amendment to the Federal Communications Commission Process Reform Act of 2012 (H.R. 3309) that would have allowed the FCC to prevent employers from asking for social networking passwords from prospective employees.
Features
Advances in Internet technology have increased facilitators' capacity to ameliorate Internet bad acts automatically. Failure to employ such technology may result in more liability for Internet facilitators for preventing bad acts online.
Features
As employment disputes commonly involve communications between or among employees, management and customers, it should come as no surprise that social media's role in workplace disputes has drastically increased in the last year. This article discusses recent social media cases and makes recommendations for what employers can do to better protect confidential information and trade secrets.
Features
It is clear that there is no immunity under the Communications Decency Act of 1996 for copyright, patent and trademark law. What remains an open question ' and the subject of conflicting judicial interpretations ' is whether state intellectual property claims such as appropriation of rights of publicity are barred.
Features
In 2009, the U.S. District Court for the Northern District of California startled copyright owners in ruling that, to comply with the "good faith" requirement the DMCA, content proprietors must conduct a fair-use copyright analysis of unlicensed online uses of their works prior to sending a takedown notice. Now a federal magistrate for the U.S. District Court for the District Montana has adopted the <i>Lenz</i> fair use rule.
Features
The law is, no question, significant ' even record-setting ' patent legislation. For proponents, the new law holds the promise of accomplishing two things, each of which is potentially profound, and each of which applies not only to traditional markets, but to e-commerce as well.
Features
This article examines the retaliation protections provided by Dodd-Frank and how employment lawyers might deal with their impact.
Features
This edition of the Quarterly State Compliance Review looks at some enacted and pending legislation of interest to corporate lawyers. It also analyzes some recent cases of interest, including two decisions from the Delaware Chancery Court.
Features
Much as was anticipated, the European Commission recently announced its long-awaited proposals on what are likely to be viewed as drastic changes to data protection law in Europe.
Features
This article discusses COPPA generally, recent enforcement actions, and the issues surrounding the proposed amendments to the COPPA regulations, including whether COPPA's definition of "personal information" should be expanded to cover geolocation and behavioral advertising data, and what new methods of parental notice should be adopted.